A locally-based solider who claimed he was suffering from the side effects of an anti-malarial drug when he sexually assaulted a female colleague has failed in an application to have a stay put on his discharge from the Defence Forces pending an appeal.
Last June Pte Barry Kingham (34), with an address at Waterville Crescent in Dundalk, was convicted of sexually assaulting a female colleague at Gormanston Camp in May 2010. He was also convicted of two counts of behaviour prejudicial to good order and discipline.
Court Martial judge Col Michael Campion discharged Kingham from the Defence Forces, sentenced him to seven days in custody and fined him €400.
Counsel for the applicant, Gerard Humphreys, yesterday told the Court of Criminal Appeal he was making an application for an order putting a stay on the discharge of Kingham from the permanent Defence Forces.
Mr Humphreys said his client had no recollection of the incident and had been on the anti-malarial drug Lariam while stationed overseas.
Presiding judge Mr Justice Adrian Hardiman said the appeal court would not grant the relief sought.
